Melayunesia LawPub Date : 2018-12-01DOI: 10.30652/ml.v2i2.5402
Mahfud Fahrazi
{"title":"Perbandingan Konsep Hukum dalam Epistemologi Positivisme dan Materialisme","authors":"Mahfud Fahrazi","doi":"10.30652/ml.v2i2.5402","DOIUrl":"https://doi.org/10.30652/ml.v2i2.5402","url":null,"abstract":"The concept of law is the idea of the law which is used as the basis of a legal state to mobilize its laws. The concept of law is important because almost all countries use the law as a basis for mobilizing, bring order and prosperity of the country. There are two legal concepts, namely the concept of legal positivism and materialism. Both the concept of this law provides a very significant effect in most countries in the world. The concept of legal positivism emphasizes that the law should be freed from all the elements so that the law is an autonomous authority. The concept of law of materialism agitates that the law must be present in the upper structure and the basic structure. The law is present in the upper structure because the law emerges from ideology. The law is present in the basic structure because the law functions to regulate and simplify the production processes.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115176914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-12-01DOI: 10.30652/ml.v2i2.6233
F. Ferawati, Dasrol Dasrol
{"title":"Mediasi Penal Penyelesaian Perkara Pidana Pada Masyarakat Desa Tanjung Alai Kecamatan XIII Koto Kampar-Riau","authors":"F. Ferawati, Dasrol Dasrol","doi":"10.30652/ml.v2i2.6233","DOIUrl":"https://doi.org/10.30652/ml.v2i2.6233","url":null,"abstract":"One of the regions in Riau province that still applies customary law in resolving criminal cases is Tanjung Alai Kecamatan XIII Koto Kampar village which involves the role of ninik mamak as a mediator. The purpose of this research is to find out what crimes are resolved through customary law ( reasoning mediation) and how the process of resolving criminal acts trough the mechanism of customary law in the people of Tanjung Alai Kecamatan XIII Koto Kampar village. The results of this study are expected to provide a solution for law enforcement officers in overcoming the large number of cases that cannot be resolved by the criminal justice subsystem and the problem of over capacity of existing prisons throughout Indonesia","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116957550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-12-01DOI: 10.30652/ml.v2i2.5662
Sufiarina Sufiarina
{"title":"Upaya Mewujudkan Keterwakilan Perempuan di Parlemen dalam Rangka Mendukung Kebijakan Affirmative Action Quota 30 Persen","authors":"Sufiarina Sufiarina","doi":"10.30652/ml.v2i2.5662","DOIUrl":"https://doi.org/10.30652/ml.v2i2.5662","url":null,"abstract":"This article examines the efforts to realize the policy of women's representation in parliament at least 30%. The study was conducted on a normative juridical with the data provided in various forms of material legal materials. Several articles in Act Number 7 of 2017 on General Election has sought the representation of women in parliament to affirmative action policies 30 percent quota. This policy has been initiated since the election in 2004, but until 2014, the achievement of a minimum 30% quota for women has not been fulfilled. When viewed from the perspective of voters there is the balance between the number of male voters and the number of women voters in the legislative elections, at least on the implementation of the legislative elections in 2014. However, it has not achieved the balance of representation of women and men in parliament. The existence of a balance in the number of male voters and women candidates on election voters list should be an impact on the balance representation of men and women in parliament so that the policy of affirmative action quota of 30% can be realized. Necessary efforts to improve the sensitivity of women in exercising their voting rights and the right to choose either to select an affirmative action policy in order to realize a 30% quota in parliament.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"308 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116356695","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-07-10DOI: 10.30652/ml.v2i1.5387
M. R
{"title":"Rekonstruksi Penyidikan dalam Sistem Peradilan Pidana Berbasis pada Prinsip Negara Hukum Pancasila","authors":"M. R","doi":"10.30652/ml.v2i1.5387","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5387","url":null,"abstract":"The Criminal Procedure Code regulates Police Investigators as the main investigators and investigators of civil servants in coordination umbrella with Police Investigators. The development of laws outside the Criminal Code and Criminal Procedure Code regulates several Investigative Institutions (Police Investigators, Civil Service Investigators, Prosecutor Investigators, Corruption Eradication Commission Investigators, National Narcotics Agency Investigators, and Investigators of Financial Services Authorities). Differences in top management, as well as differences in authority and work in investigations, have led to conflicts between the Investigating Institutions, which have an effect on the achievement of the objectives of the integrated criminal justice system. In reality, the Investigative Institution consists of Police Investigators, Civil Service Investigators, Prosecutor Investigators, Corruption Eradication Commission Investigators, National Narcotics Agency Investigators, and Investigators of Financial Services Authorities. Each investigator has different top officials (Chief of Police, Attorney General, Minister of Law and Human Rights, Commander of the Indonesian National Army, Chairman of the Corruption Eradication Commission and Chairman of the National Narcotics Agency) and has different authority and conduct in conducting Investigations. Reconstruction of authority among the Investigating Institutions, conducted with Interpretation and Dialogue together which gave rise to new construction Pancasila Investigation Legal System.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128130382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-07-10DOI: 10.30652/ml.v2i1.5491
Nur Intan
{"title":"Peran Pemuka Adat sebagai Mediator terhadap Penyelesaian Konflik dalam Proses Perkawinan pada Masyarakat Muna di Sulawesi Tenggara","authors":"Nur Intan","doi":"10.30652/ml.v2i1.5491","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5491","url":null,"abstract":"The system of social stratification in marriage customs provisions in latently Muna society can generate conflicts between social layers that require completion. This study aims at how the role of traditional leaders as mediators to resolve conflicts in the process of marriage in Muna society in Sulawesi southeast. This research was conducted in Muna Regency, which is in Lawa and Wadaga sub-districts. This type of research, namely the juridical sociological research. Sampling was done by purposive sampling. Data were obtained through interviews and documentation study. The data were analyzed ie qualitatively and presented descriptively. The results showed that the Indigenous Leaders to function as a mediator, facilitator, negotiator, and arbitrator. Practice Indigenous Leaders generally use this together approach, especially in the private and public conflict resolution. Settlement reached by the parties in conflict is the settlement amicably by mediation in order to seek the best solution, it is necessary for the role of Indigenous Leaders acting as mediators with the consideration that they are people who know in depth about the philosophy of Muna customary law, has the authority, charisma, honored, respected, and obeyed his words.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"547 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116201431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-07-10DOI: 10.30652/ml.v2i1.5419
Nabella Puspa Rani
{"title":"Penegakan Hukum terhadap Kekerasan pada Anak Menurut Hukum Adat Siak Sri Indrapura","authors":"Nabella Puspa Rani","doi":"10.30652/ml.v2i1.5419","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5419","url":null,"abstract":"The purpose of this paper is to determine law enforcement against child abuse according to the customary law of Siak Sri Indrapura. Bab Al-Qawa'id is written laws used to regulate in the area of the Siak Sri Indrapura Kingdom. Article eight in Bab Al-Qawa’id specifically regulate the prohibition of child abuse. Factors of law enforcement against child abuse in Siak Sri Indrapura can be seen from factors of legal, law enforcer, facilities or support facilities, community and culture. Another factor is the political factor of customary law in Siak Sri Indrapura that customary law does not become the main reference in the resolution of the law against child abuse, due to the dominance of national law for customary law.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125592374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-07-10DOI: 10.30652/ml.v2i1.5401
Deslaely Putranti
{"title":"Copyright Protection in Indonesia: Study of Amendment of Act Number 28 of 2014 on Copyright","authors":"Deslaely Putranti","doi":"10.30652/ml.v2i1.5401","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5401","url":null,"abstract":"The presence of intellectual work as the result of human ability, need to be protected in order to get recognition, appreciated and respected. The amendment to the Copyright Act Number 19 of 2002 is deemed necessary by the Government to provide better protection to the Author and the Owner of the Neighboring Rights. Based on the explanation above it can be drawn the problem formulation ie (1) How Act Number 28 of 2014 related to Copyright (New Copyright Act) regulate Copyrights and Neighboring Rights? (2) How will the Act Number 28 of 2014 related to Copyright (New Copyright Act) protect the Author and the Owner of Neighboring Rights in Indonesia? While the objective of the study ie (1) To review the regulation related to Copyright and Neighboring Rights in the new Copyright Act, (2) To review the form and substance of copyright protection to the Author and the owner of the neighboring rights in Indonesia in accordance with the new Copyright Act. This study is a normative juridical which used literature as the main foundation. The legal materials used in this study are primary legal materials which include the Civil Code and related legislation. Secondary legal materials consist of literature books, journals, and articles are used to describe the primary legal materials. The study found that (1) Act Number 28 of 2014 on Copyright accommodates the interests of the Author and the Owner of the Related Rights by providing better protection in its Articles, and (2) Some crucial changes related to Economic Rights and the change of Criminal offense to Complaint offense gives more protection to the Author and Related Rights’ Owner.","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129129752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-06-30DOI: 10.30652/ml.v2i1.5360
Revendra. M
{"title":"Problematika Hukum dalam Penerapan Pasal 109 ayat (1) Undang-Undang Nomor 8 Tahun 1981 tentang Kitab Undang-Undang Hukum Acara Pidana Pasca Putusan Mahkamah Konstitusi Nomor 130/PUU-XIII/2015 Ditinjau dari Putusan Pengadilan Negeri Pekanbaru Nomor: 27/Pid.Prap/2017/PN.PBR","authors":"Revendra. M","doi":"10.30652/ml.v2i1.5360","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5360","url":null,"abstract":"","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123098451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-06-30DOI: 10.30652/ml.v2i1.5330
H. Akbar
{"title":"Tinjauan Yuridis Terhadap Pengaturan Corporate Social Responsibility Dalam Undang-Undang No 40 Tahun 2007 Tentang Perseroan Terbatas Dikaitkan Dengan Prinsip Kepastian Hukum Di Indonesia","authors":"H. Akbar","doi":"10.30652/ml.v2i1.5330","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5330","url":null,"abstract":"","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121707320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Melayunesia LawPub Date : 2018-06-30DOI: 10.30652/ml.v2i1.5383
Andrew Shandy Utama
{"title":"Upaya Hukum Masyarakat Kelurahan Sri Meranti Kota Pekanbaru terhadap Pemenuhan Hak Masyarakat dalam Peraturan Daerah Provinsi Riau Nomor 6 Tahun 2012","authors":"Andrew Shandy Utama","doi":"10.30652/ml.v2i1.5383","DOIUrl":"https://doi.org/10.30652/ml.v2i1.5383","url":null,"abstract":"","PeriodicalId":304890,"journal":{"name":"Melayunesia Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130498925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}